In a recent decision, Paulo Gonet, the Attorney General of Brazil, has mandated that retroactive payments to members of the Public Prosecutor's Office nationwide cannot exceed R$ 46.3 thousand, which aligns with the constitutional salary ceiling for public servants. This limit covers compensatory leaves, service time bonuses, and autonomous equivalence payments—referred to as additional perks that are often used to bypass the salary cap set by the Constitution. However, vacation indemnities are excluded from this calculation.

This directive is rooted in a ruling by Minister Gilmar Mendes of the Supreme Federal Court (STF), who in February suspended the payment of indemnities that are not outlined in federal legislation for a period of 45 days. Gonet's recommendation reflects a stricter adherence to constitutional guidelines, aiming to curb what is seen as excessive compensation practices within the Public Prosecutor's Office. The ruling signifies a tightening of financial controls within the public sector amid ongoing discussions about salary caps and public spending.

Interestingly, this position by Gonet appears to contradict a prior stance taken by the São Paulo State Public Prosecutor's Office, which announced that its members could continue receiving their regular monthly payments based on their interpretation of Mendes's decision. This divergence raises questions about uniformity and consistency in the application of legal rulings across various jurisdictions in Brazil’s public sector.